Nicholas v. Mynster, 213 N.J. 463 (2013). Until the advent of the New Jersey Medical Care Access and Responsibility and Patients First Act, codified in part at N.J.S.A. 2A:53A-41, "in medical-malpractice cases, physician experts...

Sometimes we all fall behind. On March 21, 2013, the Appellate Division decided In re N.J.A.C. 7:1B-1.1 et seq., 431 N.J. Super. 100 (App. Div. March 21, 2013). A coalition of environmental groups...

Mahwah Realty Associates, Inc. v. Mahwah Tp., 430 N.J. Super. 247 (App. Div. 2013). This case, in which plaintiffs sought to block development of a health club, has been back and forth to the...

McLean v. Liberty Health System, 430 N.J. Super. 156 (App. Div. 2013). This opinion by Judge Ashrafi addresses a number of evidence issues. The most important, however, relates to the decision of...

Mandal v. Port Authority of New York and New Jersey, 430 N.J. Super. 287 (App. Div. 2013). Plaintiff fell on the platform of a PATH train station and injured herself. She sued...

Henebema v. South Jersey Transportation Authority, 430 N.J. Super. 485 (App. Div. 2013). The key issue in this case, in which the opinion of the Appellate Division was written by Judge Fasciale, was...

Warren Hospital v. John Does, 430 N.J. Super. 225 (App. Div. 2013). In Dendrite Int'l, Inc. v. Doe No. 3, 342 N.J. Super. 134 (App. Div. 2001), the Appellate Division laid out...

Washington v. Perez, 430 N.J. Super. 121 (App. Div. 2013). In proper circumstances, a jury may be told that it can consider the fact that a party did not call a particular...

D.D. v. University of Medicine & Dentistry of New Jersey, 213 N.J. 130 (2013). Under the New Jersey Tort Claims Act, N.J.S.A. 59:8-1 et seq. ("TCA"), no lawsuit can be filed against...

Townsend v. Pierre, 429 N.J. Super. 522 (App. Div. 2013). Though this case, which arose out of an auto accident, is a decision on summary judgment, it may be of greatest interest to...